Partner Dion Hayes was a panelist during this webcast that consisted of an analysis of the issues commonly confronted in fraudulent transfer litigation under the U.S. Bankruptcy Code and state law. The first portion of the program provided attendees with an overview of the relevant legal aspects of the fraudulent transfer litigation, including discussions of:
- Relevant provisions of the U.S. Bankruptcy Code, including §548;
- Bankruptcy Code §544 and the Uniform Fraudulent Transfer Act;
- Proving constructive fraud versus actual fraud; and
- Recent developments in case law.
The second half of the program focused on valuation analyses often performed in conjunction with constructive fraud claims under §548 and state law, including:
- Performing the balance-sheet test;
- Assessing the adequacy of capital; and,
- Analyzing the debtor’s ability to pay debts as they become due.
Numerous case studies were used during the program to highlight the legal and valuation issues.
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